MILLER v. BOARD OF ZONING APPEALS, ETC.

No. 3-978A219.

397 N.E.2d 1091 (1979)

Dick A. MILLER and Irene Miller, Appellants, v. THE BOARD OF ZONING APPEALS OF THE CITY OF ROCHESTER, Fulton County, Indiana, and Thermogas, Inc., Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 5, 1980.


Attorney(s) appearing for the Case

Frederick E. Rakestraw, Brown, Brown & Rakestraw, Rochester, for appellants.

Richard L. Kehoe, Jr., Rochester, for appellee Board of Zoning Appeals of City of Rochester.

Douglas B. Morton, Peterson & Morton, Rochester, Karl J. Stipher, Ralph F. Hall, Baker & Daniels, Indianapolis, for appellee Thermogas, Inc.


GARRARD, Presiding Judge.

The Board of Zoning Appeals of the City of Rochester granted a variance to Thermogas, Inc. to permit it to conduct a liquid fertilizer sales and distribution business in conjunction with its existing liquid petroleum storage and delivery business. In granting the variance the Board imposed conditions to control potential problems concerning noise, dust and traffic.

Appellants (Miller) reside on a tract of real estate adjacent to and...

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